Texas 2019 - 86th Regular

Texas House Bill HB1480 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	By: VanDeaver, et al. (Senate Sponsor - Taylor) H.B. No. 1480
2		-	(In the Senate - Received from the House April 15, 2019;
3		-	April 16, 2019, read first time and referred to Committee on
4		-	Education; May 15, 2019, reported adversely, with favorable
5		-	Committee Substitute by the following vote: Yeas 11, Nays 0;
6		-	May 15, 2019, sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR H.B. No. 1480 By: Taylor
	1	+	By: VanDeaver, Ashby, Bernal, Tinderholt, H.B. No. 1480
	2	+	Metcalf, et al.
9	3
10	4
11	5		A BILL TO BE ENTITLED
12	6		AN ACT
13	7		relating to assessment of public school students, providing
14	8		accelerated instruction, appropriately crediting certain student
15	9		performance, and eliminating requirements based on performance on
16	10		certain assessment instruments.
17	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
18	12		SECTION 1. Subchapter D, Chapter 11, Education Code, is
19	13		amended by adding Section 11.184 to read as follows:
20	14		Sec. 11.184. SCHOOL DISTRICT ACCELERATED LEARNING
21	15		COMMITTEE POLICY. (a) The board of trustees of a school district
22	16		shall adopt a policy regarding the establishment of accelerated
23	17		learning committees under Section 28.0211. The policy must
24	18		specify:
25	19		(1) the composition of a committee;
26	20		(2) the frequency of committee meetings during the
27	21		school year;
28	22		(3) the agenda, content, and purpose of meetings,
29	23		including whether the committee will consider a student's grades,
30	24		attendance, behavior, including disciplinary measures, vision, and
31	25		social-emotional health;
32	26		(4) the objectives and goals of educational plans
33	27		developed for providing the necessary accelerated instruction to
34	28		the student;
35	29		(5) methods for measuring the efficacy of an
36	30		accelerated instruction program;
37	31		(6) whether, for a student in a special education
38	32		program under Subchapter A, Chapter 29, the student's admission,
39	33		review, and dismissal committee will serve as the accelerated
40	34		learning committee in developing the educational plan for the
41	35		student's accelerated instruction program; and
42	36		(7) whether an accelerated learning committee will
43	37		include a response-to-intervention approach in administering the
44	38		educational plan for a student's accelerated instruction program.
45	39		(b) The policy must require that, to the extent practicable,
46	40		school personnel assigned to a student's accelerated learning
47	41		committee remain assigned to that committee for the duration of the
48	42		period for which the student receives accelerated instruction.
49	43		(c) A superintendent of a school district or principal of a
50	44		campus is not required to serve on an accelerated learning
51	45		committee.
52	46		SECTION 2. The heading to Section 28.0211, Education Code,
53	47		is amended to read as follows:
54	48		Sec. 28.0211. ACCELERATED LEARNING COMMITTEE [SATISFACTORY
55	49		PERFORMANCE ON ASSESSMENT INSTRUMENTS REQUIRED]; ACCELERATED
56	50		INSTRUCTION.
57	51		SECTION 3. Section 28.0211, Education Code, is amended by
58	52		amending Subsections (a), (a-1), (a-3), (c), (f), (i), and (n) and
59	53		adding Subsections (f-1) and (f-2) to read as follows:
60	54		(a) A district shall establish an accelerated learning
61	55		committee described by Subsection (c) for each student who does not
62	56		perform satisfactorily on:
63	57		(1) the third grade mathematics or reading assessment
64	58		instrument under Section 39.023;
65	59		(2) [Except as provided by Subsection (b) or (e), a
66	60		student may not be promoted to:
67	61		[(1) the sixth grade program to which the student
68	62		would otherwise be assigned if the student does not perform
69	63		satisfactorily on] the fifth grade mathematics or [and] reading
70	64		assessment instrument [instruments] under Section 39.023; or
71	65		(3) [(2) the ninth grade program to which the student
72	66		would otherwise be assigned if the student does not perform
73	67		satisfactorily on] the eighth grade mathematics or [and] reading
74	68		assessment instrument [instruments] under Section 39.023.
75	69		(a-1) Each time a student fails to perform satisfactorily on
76	70		an assessment instrument administered under Section 39.023(a) in
77	71		the third, fourth, fifth, sixth, seventh, or eighth grade, the
78	72		school district in which the student attends school shall provide
79	73		to the student accelerated instruction in the applicable subject
80	74		area. Accelerated instruction may require participation of the
81	75		student before or after normal school hours, [and] may include
82	76		participation at times of the year outside normal school
83	77		operations, and may be provided to the student during the
84	78		subsequent school year.
85	79		(a-3) The commissioner shall provide guidelines to
86	80		districts on research-based best practices and effective
87	81		strategies that a district may use in developing an accelerated
88	82		instruction program. The commissioner may provide to districts
89	83		available resources concerning research-based best practices and
90	84		effective strategies that a district may use in developing an
91	85		accelerated instruction program.
92	86		(c) [Each time a student fails to perform satisfactorily on
93	87		an assessment instrument specified under Subsection (a), the school
94	88		district in which the student attends school shall provide to the
95	89		student accelerated instruction in the applicable subject area,
96	90		including reading instruction for a student who fails to perform
97	91		satisfactorily on a reading assessment instrument.] After a
98	92		student fails to perform satisfactorily on an assessment instrument
99	93		specified under Subsection (a) [a second time], an accelerated
100	94		learning [a grade placement] committee shall be established in
101	95		accordance with the district's policy adopted under Section 11.184
102	96		[to prescribe the accelerated instruction the district shall
103	97		provide to the student before the student is administered the
104	98		assessment instrument the third time. The grade placement
105	99		committee shall be composed of the principal or the principal's
106	100		designee, the student's parent or guardian, and the teacher of the
107	101		subject of an assessment instrument on which the student failed to
108	102		perform satisfactorily]. The district shall notify the parent or
109	103		guardian of the time and place for convening the accelerated
110	104		learning [grade placement] committee and the purpose of the
111	105		committee. [An accelerated instruction group administered by a
112	106		school district under this section may not have a ratio of more than
113	107		10 students for each teacher.]
114	108		(f) An accelerated learning [A school district shall
115	109		provide to a student who, after three attempts, has failed to
116	110		perform satisfactorily on an assessment instrument specified under
117	111		Subsection (a) accelerated instruction during the next school year
118	112		as prescribed by an educational plan developed for the student by
119	113		the student's grade placement] committee described by [established
120	114		under] Subsection (c) shall:
121	115		(1) develop an educational plan for the student that
122	116		provides the necessary accelerated instruction to enable the
123	117		student to perform at the appropriate grade level by the conclusion
124	118		of the subsequent school year; and
125	119		(2) provide other assistance to the student in
126	120		accordance with a policy adopted by the district board of trustees
127	121		prescribing the role of accelerated learning committees in that
128	122		district. [The district shall provide that accelerated instruction
129	123		regardless of whether the student has been promoted or retained.]
130	124		(f-1) A student for whom an [The] educational plan is
131	125		developed under Subsection (f)(1) [must be designed to enable the
132	126		student to perform at the appropriate grade level by the conclusion
133	127		of the school year. During the school year, the student] shall be
134	128		monitored to ensure that the student is progressing in accordance
135	129		with the plan. The district shall administer to the student the
136	130		assessment instrument for the grade level in which the student is
137	131		placed at the time the district regularly administers the
138	132		assessment instruments for that school year.
139	133		(f-2) If a student who fails to perform satisfactorily on an
140	134		assessment instrument specified under Subsection (a) fails in the
141	135		subsequent school year to perform satisfactorily on an assessment
142	136		instrument in the same subject, the superintendent of the district
143	137		or the superintendent's designee shall meet with the student's
144	138		accelerated learning committee to:
145	139		(1) identify the reason the student did not perform
146	140		satisfactorily; and
147	141		(2) determine, in order to ensure the student performs
148	142		satisfactorily on the assessment instrument at the next opportunity
149	143		for the student to be administered the assessment instrument,
150	144		whether:
151	145		(A) the educational plan developed for the
152	146		student under Subsection (f) must be modified to provide the
153	147		necessary accelerated instruction for that student; and
154	148		(B) any additional resources are required for
155	149		that student.
156	150		(i) The admission, review, and dismissal committee of a
157	151		student who participates in a district's special education program
158	152		under Subchapter A, Chapter 29, and who does not perform
159	153		satisfactorily on an assessment instrument specified under
160	154		Subsection (a) and administered under Section 39.023(a) or (b) must
161	155		meet before the student is administered the assessment instrument
162	156		for the second time. The committee shall determine[:
163	157		[(1)] the manner in which the student will participate
164	158		in an accelerated instruction program under this section[; and
165	159		[(2) whether the student will be promoted in
166	160		accordance with Subsection (i-1) or retained under this section].
167	161		(n) A student who fails to perform satisfactorily on an
168	162		assessment instrument specified under Subsection (a) and is
169	163		promoted to the next grade level [by a grade placement committee
170	164		under this section] must be assigned at that next grade level in
171	165		each subject in which the student failed to perform satisfactorily
172	166		on an assessment instrument specified under Subsection (a) to a
173	167		teacher who meets all state and federal qualifications to teach
174	168		that subject and grade.
175		-	SECTION 4. Sections 39.023(c), (c-3), and (e), Education
176		-	Code, are amended to read as follows:
	169	+	SECTION 4. Section 28.025(c), Education Code, is amended to
	170	+	read as follows:
	171	+	(c) A person may receive a diploma if the person is eligible
	172	+	for a diploma under Section 28.0251. In other cases, a student may
	173	+	graduate and receive a diploma only if:
	174	+	(1) the student successfully completes the curriculum
	175	+	requirements identified by the State Board of Education under
	176	+	Subsection (a) and complies with Sections 39.02304 and [Section]
	177	+	39.025; or
	178	+	(2) the student successfully completes an
	179	+	individualized education program developed under Section 29.005.
	180	+	SECTION 5. Effective September 1, 2019, Sections 39.023(a),
	181	+	(c), (c-3), and (e), Education Code, are amended to read as follows:
	182	+	(a) The agency shall adopt or develop appropriate
	183	+	criterion-referenced assessment instruments designed to assess
	184	+	essential knowledge and skills in reading, writing, mathematics,
	185	+	[social studies,] and science. Except as provided by Subsection
	186	+	(a-2), all students, other than students assessed under Subsection
	187	+	(b) or (l) or exempted under Section 39.027, shall be assessed in:
	188	+	(1) mathematics, annually in grades three through
	189	+	seven without the aid of technology and in grade eight with the aid
	190	+	of technology on any assessment instrument that includes algebra;
	191	+	(2) reading, annually in grades three through eight;
	192	+	(3) writing, including spelling and grammar, in grades
	193	+	four and seven; and
	194	+	(4) [social studies, in grade eight;
	195	+	[(5)] science, in grades five and eight[; and
	196	+	[(6) any other subject and grade required by federal
	197	+	law].
177	198		(c) The agency shall also adopt end-of-course assessment
178	199		instruments for secondary-level courses in Algebra I, biology,
179	200		English I, English II, and United States history. The Algebra I
180	201		end-of-course assessment instrument must be administered with the
181	202		aid of technology. The English I and English II end-of-course
182	203		assessment instruments must each assess essential knowledge and
183	204		skills in both reading and writing in the same assessment
184	205		instrument and must provide a single score. A school district
185	206		shall comply with State Board of Education rules regarding
186	207		administration of the assessment instruments listed in this
187	208		subsection. If a student is in a special education program under
188	209		Subchapter A, Chapter 29, the student's admission, review, and
189	210		dismissal committee shall determine whether any allowable
190	211		modification is necessary in administering to the student an
191	212		assessment instrument required under this subsection. The agency
192	213		[State Board of Education] shall administer the assessment
193	214		instruments. The commissioner, with input from school districts,
194	215		[State Board of Education] shall adopt a schedule for the
195	216		administration of end-of-course assessment instruments that
196	217		complies with the requirements of Subsection (c-3).
197	218		(c-3) The commissioner, with input from school districts
198	219		and other appropriate stakeholders, shall adopt [In adopting] a
199	220		schedule for the administration of assessment instruments under
200	221		this section that[, the State Board of Education shall require]:
201	222		(1) minimizes the disruption of classroom instruction
202	223		[assessment instruments administered under Subsection (a) to be
203	224		administered on a schedule so that the first assessment instrument
204	225		is administered at least two weeks later than the date on which the
205	226		first assessment instrument was administered under Subsection (a)
206	227		during the 2006-2007 school year]; and
207	228		(2) maximizes available instruction time by
208	229		scheduling the spring administration of [end-of-course] assessment
209	230		instruments [under Subsection (c)] to occur as close to the end of
210		-	the semester as possible [in each school district not earlier than
211		-	the first full week in May, except that the spring administration of
212		-	the end-of-course assessment instruments in English I and English
213		-	II must be permitted to occur at an earlier date].
	231	+	the semester as possible, but not later than the second week of May
	232	+	[in each school district not earlier than the first full week in
	233	+	May, except that the spring administration of the end-of-course
	234	+	assessment instruments in English I and English II must be
	235	+	permitted to occur at an earlier date].
214	236		(e) At least [Under rules adopted by the State Board of
215	237		Education,] every third year, the agency shall release the
216	238		questions and answer keys to each assessment instrument
217	239		administered under Subsection (a), (b), (c), (d), or (l), excluding
218	240		any assessment instrument administered to a student for the purpose
219	241		of retaking the assessment instrument, after the last time the
220	242		instrument is administered for that school year. To ensure a valid
221	243		bank of questions for use each year, the agency is not required to
222	244		release a question that is being field-tested and was not used to
223	245		compute the student's score on the instrument. The agency shall
224	246		also release[, under board rule,] each question that is no longer
225	247		being field-tested and that was not used to compute a student's
226	248		score. [During the 2014-2015 and 2015-2016 school years, the
227	249		agency shall release the questions and answer keys to assessment
228	250		instruments as described by this subsection each year.]
229		-	SECTION 5. Effective September 1, 2019, Section
230		-	39.025(a-2), Education Code, as added by Chapter 1036 (H.B. 1613),
231		-	Acts of the 84th Legislature, Regular Session, 2015, is amended to
232		-	read as follows:
233		-	(a-2) The commissioner shall determine a method by which a
234		-	student's satisfactory performance on an advanced placement test,
235		-	an international baccalaureate examination, an SAT Subject Test,
236		-	the SAT, the ACT, or any nationally recognized norm-referenced
237		-	assessment instrument used by institutions of higher education to
238		-	award course credit based on satisfactory performance on the
239		-	assessment instrument shall be used to satisfy the requirements
240		-	concerning an end-of-course assessment instrument in an equivalent
241		-	course as prescribed by Subsection (a). The commissioner shall
242		-	determine a method by which a student's satisfactory performance on
243		-	the PSAT or the ACT-Plan shall be used to satisfy the requirements
244		-	concerning an end-of-course assessment instrument in an equivalent
245		-	course as prescribed by Subsection (a). In adopting methods for
246		-	substituting satisfactory performance on an assessment instrument
247		-	authorized under this subsection for requirements concerning an
248		-	end-of-course assessment instrument, the commissioner shall
249		-	designate a student's performance on a substitute assessment
250		-	instrument as "masters grade-level performance" if the student's
251		-	performance entitles the student to receive college credit or if
252		-	the student's performance meets the assessment instrument
253		-	provider's designated grade-level college readiness performance
254		-	benchmark. A student who fails to perform satisfactorily on a
255		-	substitute [test or other] assessment instrument authorized under
256		-	this subsection[, other than the PSAT or the ACT-Plan,] may retake
257		-	that [test or other] assessment instrument for purposes of this
258		-	subsection or may take the appropriate end-of-course assessment
259		-	instrument. [A student who fails to perform satisfactorily on the
260		-	PSAT or the ACT-Plan must take the appropriate end-of-course
261		-	assessment instrument.] The commissioner shall adopt rules as
262		-	necessary for the administration of this subsection.
263		-	SECTION 6. Effective September 1, 2021, Section
264		-	39.025(a-2), Education Code, as added by Chapter 1036 (H.B. 1613),
265		-	Acts of the 84th Legislature, Regular Session, 2015, is amended to
266		-	read as follows:
	251	+	SECTION 6. Effective September 1, 2020, Section 39.023(c),
	252	+	Education Code, is amended to read as follows:
	253	+	(c) The agency shall also adopt end-of-course assessment
	254	+	instruments for secondary-level courses in Algebra I, biology,
	255	+	English I, and English II [, and United States history]. The
	256	+	Algebra I end-of-course assessment instrument must be administered
	257	+	with the aid of technology. The English I and English II
	258	+	end-of-course assessment instruments must each assess essential
	259	+	knowledge and skills in both reading and writing in the same
	260	+	assessment instrument and must provide a single score. A school
	261	+	district shall comply with State Board of Education rules regarding
	262	+	administration of the assessment instruments listed in this
	263	+	subsection. If a student is in a special education program under
	264	+	Subchapter A, Chapter 29, the student's admission, review, and
	265	+	dismissal committee shall determine whether any allowable
	266	+	modification is necessary in administering to the student an
	267	+	assessment instrument required under this subsection. The agency
	268	+	[State Board of Education] shall administer the assessment
	269	+	instruments. The commissioner, with input from school districts,
	270	+	[State Board of Education] shall adopt a schedule for the
	271	+	administration of end-of-course assessment instruments that
	272	+	complies with the requirements of Subsection (c-3).
	273	+	SECTION 7. Subchapter B, Chapter 39, Education Code, is
	274	+	amended by adding Section 39.02304 to read as follows:
	275	+	Sec. 39.02304. CIVICS TEST. (a) The commissioner shall
	276	+	adopt rules requiring a school district to administer a civics test
	277	+	to a student in the foundation high school program under Section
	278	+	28.025. A student may not receive a high school diploma until the
	279	+	student has performed satisfactorily on the civics test.
	280	+	(b) The civics test must consist of all of the questions on
	281	+	the civics test administered by the United States Citizenship and
	282	+	Immigration Services as part of the naturalization process under
	283	+	the federal Immigration and Nationality Act (8 U.S.C. Section 1101
	284	+	et seq.). The questions must be presented in a multiple-choice
	285	+	format.
	286	+	(c) To perform satisfactorily on the civics test, a student
	287	+	must answer at least 70 percent of the questions correctly.
	288	+	(d) A school district shall administer the civics test to a
	289	+	student when the school counselor or the teacher of the United
	290	+	States history course in which the student is enrolled, if
	291	+	applicable, determines that the student is prepared for the test.
	292	+	(e) The admission, review, and dismissal committee of a
	293	+	student in a special education program under Subchapter A, Chapter
	294	+	29, shall determine:
	295	+	(1) whether any allowable modification is necessary in
	296	+	administering the civics test to the student to appropriately
	297	+	measure the student's achievement; and
	298	+	(2) if the committee determines that the civics test,
	299	+	even with allowable modifications, would not provide an appropriate
	300	+	measure of the student's achievement, whether the student is
	301	+	required to achieve satisfactory performance on the civics test to
	302	+	receive a high school diploma.
	303	+	(f) The commissioner shall adopt rules regarding the
	304	+	administration of the civics test. The rules:
	305	+	(1) must require:
	306	+	(A) the test to be administered electronically in
	307	+	the presence of a teacher, teacher's aide, proctor, or campus
	308	+	testing coordinator and be scored by that person or by the school
	309	+	district; and
	310	+	(B) the results of the test to be submitted to the
	311	+	agency not later than the last instructional day of the school year
	312	+	in which the test is administered; and
	313	+	(2) may not:
	314	+	(A) restrict the high school grade level at which
	315	+	a student may take the civics test; or
	316	+	(B) limit the number of attempts a student may
	317	+	make to perform satisfactorily on the test.
	318	+	(g) A student who is required to perform satisfactorily on a
	319	+	United States history end-of-course assessment instrument under
	320	+	Section 39.025(a) based on the provisions of Section 39.023(c) in
	321	+	effect on January 1, 2019, may elect to satisfy that requirement by
	322	+	performing satisfactorily on the civics test. This subsection
	323	+	expires September 1, 2027.
	324	+	(h) For purposes of the public school accountability
	325	+	system, a reference in this code to an assessment instrument under
	326	+	Section 39.023(c) includes the civics test. Performance at the
	327	+	level required under Subsection (c) of this section is considered
	328	+	satisfactory performance for purposes of Section 39.0241(a), and
	329	+	the commissioner shall determine the level of performance
	330	+	considered to indicate college readiness for purposes of Section
	331	+	39.0241(a-1). To the extent of a conflict between this section and
	332	+	any other provision of law, this section controls.
	333	+	SECTION 8. Section 39.025(a-2), Education Code, as added by
	334	+	Chapter 1036 (H.B. 1613), Acts of the 84th Legislature, Regular
	335	+	Session, 2015, is amended to read as follows:
267	336		(a-2) The commissioner shall determine a method by which a
268	337		student's satisfactory performance on an advanced placement test,
269	338		an international baccalaureate examination, an SAT Subject Test,
270	339		the SAT, the ACT, the Texas Success Initiative (TSI) diagnostic
271	340		assessment, or any nationally recognized norm-referenced
272	341		assessment instrument used by institutions of higher education to
273	342		award course credit based on satisfactory performance on the
274	343		assessment instrument shall be used to satisfy the requirements
275	344		concerning an end-of-course assessment instrument in an equivalent
276	345		course as prescribed by Subsection (a). The commissioner shall
277	346		determine a method by which a student's satisfactory performance on
278	347		the PSAT or the ACT-Plan shall be used to satisfy the requirements
279	348		concerning an end-of-course assessment instrument in an equivalent
280	349		course as prescribed by Subsection (a). In adopting methods for
281	350		substituting satisfactory performance on an assessment instrument
282	351		authorized under this subsection for requirements concerning an
283	352		end-of-course assessment instrument, the commissioner shall
284	353		designate a student's performance on a substitute assessment
285	354		instrument as "masters grade-level performance" if the student's
286	355		performance entitles the student to receive college credit or if
287	356		the student's performance meets the assessment instrument
288	357		provider's designated grade-level college readiness performance
289	358		benchmark. A student who fails to perform satisfactorily on a
290	359		substitute [test or other] assessment instrument authorized under
291	360		this subsection[, other than the PSAT or the ACT-Plan,] may retake
292	361		that [test or other] assessment instrument for purposes of this
293	362		subsection or may take the appropriate end-of-course assessment
294	363		instrument. [A student who fails to perform satisfactorily on the
295	364		PSAT or the ACT-Plan must take the appropriate end-of-course
296	365		assessment instrument.] The commissioner shall adopt rules as
297	366		necessary for the administration of this subsection.
298		-	SECTION 7. Section 39.025(c-2), Education Code, as
	367	+	SECTION 9. Section 39.025, Education Code, is amended by
	368	+	adding Subsection (a-5) to read as follows:
	369	+	(a-5) The commissioner shall implement the changes in law
	370	+	made by H.B. 1480, 86th Legislature, Regular Session, 2019, to
	371	+	Section 39.025(a-2), as added by Chapter 1036 (H.B. 1613), Acts of
	372	+	the 84th Legislature, Regular Session, 2015, and Section
	373	+	39.053(c-4) effective beginning with the 2019-2020 accountability
	374	+	rating period. This subsection expires September 1, 2020.
	375	+	SECTION 10. Section 39.025(c-2), Education Code, as
299	376		effective September 1, 2019, is amended to read as follows:
300	377		(c-2) A school district may administer to a student who
301	378		failed to perform satisfactorily on an assessment instrument
302	379		described by Subsection (c-1) an alternate assessment instrument
303	380		designated by the commissioner. The commissioner shall determine
304	381		the level of performance considered to be satisfactory on an
305	382		alternate assessment instrument. [The district may not administer
306	383		to the student an assessment instrument or a part of an assessment
307	384		instrument that assesses a subject that was not assessed in an
308	385		assessment instrument applicable to the student described by
309	386		Subsection (c-1).] The commissioner shall make available to
310	387		districts information necessary to administer the alternate
311	388		assessment instrument authorized by this subsection. The
312	389		commissioner's determination regarding designation of an
313	390		appropriate alternate assessment instrument under this subsection
314	391		and the performance required on the assessment instrument is final
315	392		and may not be appealed.
316		-	SECTION 8. Section 39.053, Education Code, is amended by
	393	+	SECTION 11. Section 39.053, Education Code, is amended by
317	394		adding Subsection (c-4) to read as follows:
318	395		(c-4) The commissioner by rule shall determine a method for
319	396		appropriately crediting a student for growth under Subsection
320	397		(c)(2) based on the student's performance, including a student's
321	398		"masters grade-level performance," on a substitute assessment
322	399		instrument authorized under Section 39.025(a-2), as added by
323	400		Chapter 1036 (H.B. 1613), Acts of the 84th Legislature, Regular
324	401		Session, 2015.
325		-	SECTION 9. Section 39.301(c), Education Code, is amended to
326		-	read as follows:
	402	+	SECTION 12. Section 39.203(c), Education Code, is amended
	403	+	to read as follows:
	404	+	(c) In addition to the distinction designations described
	405	+	by Subsections (a) and (b), a campus that satisfies the criteria
	406	+	developed under Section 39.204 shall be awarded a distinction
	407	+	designation by the commissioner for outstanding performance in
	408	+	academic achievement in reading [English language arts],
	409	+	mathematics, or science[, or social studies].
	410	+	SECTION 13. Section 39.301(c), Education Code, is amended
	411	+	to read as follows:
327	412		(c) Indicators for reporting purposes must include:
328	413		(1) the percentage of graduating students who meet the
329	414		course requirements established by State Board of Education rule
330	415		for:
331	416		(A) the foundation high school program;
332	417		(B) the distinguished level of achievement under
333	418		the foundation high school program; and
334	419		(C) each endorsement described by Section
335	420		28.025(c-1);
336	421		(2) the results of the SAT, ACT, and certified
337	422		workforce training programs described by Chapter 311, Labor Code;
338	423		(3) for students who have failed to perform
339	424		satisfactorily, under each performance standard under Section
340	425		39.0241, on an assessment instrument required under Section
341	426		39.023(a) or (c), the performance of those students on subsequent
342	427		assessment instruments required under those sections, aggregated
343	428		by grade level and subject area;
344	429		(4) for each campus, the number of students,
345	430		disaggregated by major student subpopulations, that take courses
346	431		under the foundation high school program and take additional
347	432		courses to earn an endorsement under Section 28.025(c-1),
348	433		disaggregated by type of endorsement;
349	434		(5) the percentage of students, aggregated by grade
350	435		level, provided accelerated instruction under Section 28.0211
351	436		[28.0211(c)], the results of assessment instruments administered
352	437		under that section, [the percentage of students promoted through
353	438		the grade placement committee process under Section 28.0211,] the
354	439		subject of the assessment instrument on which each student failed
355	440		to perform satisfactorily under each performance standard under
356	441		Section 39.0241, and the performance of those students in the
357	442		subsequent school year [following that promotion] on the assessment
358	443		instruments required under Section 39.023;
359	444		(6) the percentage of students of limited English
360	445		proficiency exempted from the administration of an assessment
361	446		instrument under Sections 39.027(a)(1) and (2);
362	447		(7) the percentage of students in a special education
363	448		program under Subchapter A, Chapter 29, assessed through assessment
364	449		instruments developed or adopted under Section 39.023(b);
365	450		(8) the percentage of students who satisfy the college
366	451		readiness measure;
367	452		(9) the measure of progress toward dual language
368	453		proficiency under Section 39.034(b), for students of limited
369	454		English proficiency, as defined by Section 29.052;
370	455		(10) the percentage of students who are not
371	456		educationally disadvantaged;
372	457		(11) the percentage of students who enroll and begin
373	458		instruction at an institution of higher education in the school
374	459		year following high school graduation; and
375	460		(12) the percentage of students who successfully
376	461		complete the first year of instruction at an institution of higher
377	462		education without needing a developmental education course.
378		-	SECTION 10. Section 51.338(d), Education Code, is amended
	463	+	SECTION 14. Section 51.338(d), Education Code, is amended
379	464		to read as follows:
380	465		(d) A student who has demonstrated the performance standard
381	466		for college readiness as provided by Section 28.008 on the
382	467		postsecondary readiness assessment instruments adopted under
383	468		Section 39.0238 for Algebra II and English III, as that section
384	469		existed before repeal by H.B. 1480, 86th Legislature, Regular
385	470		Session, 2019, is exempt from the requirements of this subchapter
386	471		with respect to those content areas. The commissioner of higher
387	472		education by rule shall establish the period for which an exemption
388	473		under this subsection is valid.
389		-	SECTION 11. The following provisions of the Education Code
	474	+	SECTION 15. The following provisions of the Education Code
390	475		are repealed:
391	476		(1) Section 7.102(c)(5);
392	477		(2) Sections 28.0211(a-2), (b), (d), (e), (i-1),
393	478		(i-2), (k), (m), and (m-1); and
394	479		(3) Section 39.0238.
395		-	SECTION 12. (a) Effective beginning with the 2019-2020
396		-	accountability rating period, the commissioner of education shall
397		-	implement the changes in law made by this Act to:
398		-	(1) Section 39.025(a-2), as added by Chapter 1036
399		-	(H.B. 1613), Acts of the 84th Legislature, Regular Session, 2015,
400		-	as amended by this Act effective September 1, 2019; and
401		-	(2) Section 39.053(c-4).
402		-	(b) Effective beginning with the 2021-2022 accountability
403		-	rating period, the commissioner of education shall implement the
404		-	changes in law made by this Act to:
405		-	(1) Section 39.025(a-2), as added by Chapter 1036
406		-	(H.B. 1613), Acts of the 84th Legislature, Regular Session, 2015,
407		-	as amended by this Act effective September 1, 2021; and
408		-	(2) Section 39.053(c-4).
409		-	SECTION 13. The Texas Education Agency is required to
410		-	implement a provision of this Act only if the legislature
411		-	appropriates money specifically for that purpose. If the
412		-	legislature does not appropriate money specifically for that
413		-	purpose, the Texas Education Agency may, but is not required to,
414		-	implement a provision of this Act using other appropriations
415		-	available for that purpose.
416		-	SECTION 14. (a) Except as otherwise provided by this
	480	+	SECTION 16. (a) Except as otherwise provided by this
417	481		section, this Act applies beginning with the 2019-2020 school year.
418		-	(b) Subsection (a) of this section does not apply to a
419		-	provision of this Act that is effective September 1, 2021.
420		-	SECTION 15. Except as otherwise provided by this Act, this
	482	+	(b) Section 28.025(c), Education Code, as amended by this
	483	+	Act, and Section 39.02304, Education Code, as added by this Act,
	484	+	apply beginning with students who enter the ninth grade during the
	485	+	2020-2021 school year.
	486	+	(c) Subsection (a) of this section does not apply to a
	487	+	provision of this Act that is effective September 1, 2020.
	488	+	SECTION 17. Except as otherwise provided by this Act, this
421	489		Act takes effect:
422	490		(1) immediately if it receives a vote of two-thirds of
423	491		all the members elected to each house, as provided by Section 39,
424	492		Article III, Texas Constitution; or
425	493		(2) September 1, 2019, if this Act does not receive the
426	494		vote necessary for immediate effect.
427		-	* * * * *